Alberta Checkstop – Seizure of Weapons and Drugs
P.U. was the passenger in a vehicle that was being driven by his girlfriend when they were stopped at an Alberta Check-stop. The RCMP and Alberta Conservation Officers were conducting a joint operation checking drivers for sobriety and wildlife offences. The officers purportedly smelled fresh marijuana emanating from the vehicle, so they detained the P.U. and his girlfriend. The police searched P.U., his girlfriend, and the vehicle. Their search revealed marijuana, marijuana resin, and two weapons. P.U. did what many young men do, and “took the heat” for the contraband that was discovered, in hopes that the driver (his girlfriend) would not be charged. P.U. was charged with two counts of possession of a controlled substance and two weapons-related charges. Prior to trial, Sean Fagan filed a Charter notice alleging breaches of P.U.’s right not to be arbitrarily detained and his right to be free from unreasonable search and seizure. Prior to trial, the Crown conceded the strength of Sean Fagan’s Charter argument and stayed all charges against P.U.